There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 441 JAILS AND COUNTY PRISONERS
441.530 Manner of transfer -- Compensation of officers -- Computation of expenses.
Download pdfof the county designated in the order. He shall deliver the prisoners to the jailer of
that county at the jail, with a copy of the order, and take from him a receipt for the
prisoners, which he shall return to the office of the circuit clerk of the county from
which the removal was made. The clerk shall file the receipt in his office. The jailer
shall receive the prisoners and safely keep them until they are properly discharged.
If the jailer fails to accept and keep such prisoners, he and his sureties shall be liable
in the same manner and to the same extent as if the prisoners had been regularly
committed by an order of the Circuit Court of his county. The officer conveying the
prisoners to the designated jail, and such guards as the judge directs him to take, not
exceeding the number of guards allowed in taking convicts to the penitentiary, shall
receive the compensation and mileage allowed by KRS 64.070 for taking convicts
to the penitentiary. The compensation shall be allowed by the Circuit Judge
directing the transfer and paid out of the State Treasury, unless there was no jail in
the county or it was rendered insecure by the failure of the fiscal court to keep it in
the requisite condition, in which case it shall be paid by the fiscal court of the
county. The Circuit Judge, in making the allowance, shall state in the order out of
which fund it shall be paid. The order of the judge directing the transfer shall be
conclusive evidence that the transfer was proper and to the right jail, and shall be a
justification to the jailer for holding any such prisoner in any action against him for
false imprisonment. (2) If a transfer of prisoners is necessary because there is no jail in the county or because the jail was rendered insecure by the failure of the fiscal court to keep it in
the requisite condition, the cost of lodging the prisoners in the jail of the county to
which they are transferred shall be borne by the fiscal court of the county from
which the transfer was made at a rate set by agreement between the two (2) fiscal
courts involved. If the fiscal courts are unable to reach an agreement, the Circuit
Judge who ordered the transfer shall establish the rate based on prisoner and facility
cost data provided by the receiving jailer. The order of transfer shall state the
reasons of the transfer. Effective: July 1, 1982
History: Amended 1982 Ky. Acts ch. 385, sec. 41, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2440. Formerly codified as KRS 441.040.
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